The Board has remanded the case due to insufficient consideration of evidence regarding whether the Veteran's service-connected disabilities render him in need of regular aid and attendance. The Veteran needs an examination to determine if his service-connected conditions cause 'no effective function' remaining in his feet, as required by VA regulations.
The deciding factor: The Board found that the October 2018 decision did not adequately address evidence from a September 2014 VA examination and November 2014 aid and attendance examination regarding whether the Veteran's service-connected disabilities alone qualify as 'loss of use of both feet' or render him in need of regular aid and attendance.
- Claimed conditions
- back, bilateral knee, bilateral lower extremity neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000726
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diabetes mellitus type II and bilateral lower extremity neuropathy, finding that the evidence did not support a causal relationship between these conditions and the Veteran's active military service.
- Dismissed
The appeal was dismissed due to the Veteran's failure to substantially comply with claims processing rules.
- Partly granted
The Board granted readjudication of the claims for service connection for headaches, a sleep condition (OSA), Parkinsonism (including Parkinson's disease), unspecified depressive disorder, CAD with atrial fibrillation, bilateral upper extremity neuropathy, and bilateral lower extremity neuropathy based on new evidence. The claim for hyperhidrosis was denied as no new relevant evidence was received.
- Dismissed
The appeal for service connection for back and bilateral knee conditions was withdrawn by the Veteran.
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